Buchanan v. Gay

• Decision Date: 06 June 2007
• Docket Number: Civil Action No. 06-711-SLR.
• Citation: 491 F.Supp.2d 483
• Parties: David J. BUCHANAN, Plaintiff, v. Thomas E. GAY, Thalia J. Gay, Honorable Jane M. Brady, Kristen S. Gibbons, Delaware State Police, Georgetown Police, Seaford Police, John Brady, Delaware Family Court of The State of Delaware, and The Firm of Stumpf Vickers & Sandy, Defendants.
• Court: U.S. District Court — District of Delaware

491 F.Supp.2d 483

David J. BUCHANAN, Plaintiff, v. Thomas E. GAY, Thalia J. Gay, Honorable Jane M. Brady, Kristen S. Gibbons, Delaware State Police, Georgetown Police, Seaford Police, John Brady, Delaware Family Court of The State of Delaware, and The Firm of Stumpf Vickers & Sandy, Defendants.

Civil Action No. 06-711-SLR.

United States District Court, D. Delaware.

June 6, 2007.

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David J. Buchanan, Laurel, DE, pro se.

Joseph S. Shannon, Esquire, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE, Counsel for Defendants Thomas E. Gay and The Firm of Stumpf Vickers & Sandy.

John A. Elzufon, Esquire, Elzufon, Ruston, Reardon, Tarlov & Mondell, P.A., Wilmington, DE, Counsel for Defendant Thalia J. Gay.

Linda M. Carmichael, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, Counsel for Defendants Honorable Jane M. Brady, Delaware State Police, Delaware Family Court of the State of Delaware and the Supreme Court of the State of Delaware.

Martin James Weis, Esquire, Dilworth Paxson LLP, Wilmington, DE, Counsel for Defendant Kristen S. Gibbons.

John Francis Brady, Esquire, Brady, Richardson, Beauregard & Chasanov, LLC, Georgetown, DE, Counsel for John Brady.

MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

Presently before the court are motions to dismiss filed by defendants Thomas E. Gay ("Attorney Gay") and Stumpf Vickers & Sandy, P.A. ("Stumpf Vickers") (D.I.13), Thalia Joan Gay ("Mrs.Gay") (D.I.21); State defendants the Supreme Court of the State of Delaware ("Delaware Supreme Court"), the Family Court of the State of Delaware ("Family Court"), M. Jane Brady ("Judge Brady"), as the Delaware Attorney General and as judge of the Superior Court of the State of Delaware, and the Delaware State Police ("State Police") (D.I.29); and Kristin¹ Gibbons ("Gibbons") (D.I.39). Plaintiff, David J. Buchanan ("plaintiff") filed responses to the motions (D.I.37, 38, 44, 64) and most defendants filed replies (42, 45, 47). For the reasons set forth below, the court will grant the motions to dismiss (D.I.13, 21, 29, 39). The court will also dismiss, sua sponte, the claims raised against attorney John F. Brady² ("Attorney J. Brady"), and will direct the clerk of the court to close the case.³

II. BACKGROUND

This case concerns actions taken in Family Court and the Delaware Supreme Court during divorce, custody, visitation, and property settlement proceedings between Barbara Buchanan ("B.Buchanan") and plaintiff. (D.I.4) Attorney Gay represented B. Buchanan in the domestic relations proceedings.

B. Buchanan and plaintiff, a married couple, separated in November 2002. Plaintiff filed a petition for custody of their minor child, H.B. Id. at vi-vii. In turn, Attorney Gay filled a petition for divorce on behalf of B. Buchanan and an emergency motion for B. Buchanan to obtain sole custody of H.B. Id. at vii. The child was removed from plaintiff's custody, and an evidentiary hearing was held wherein psychiatric evaluations were ordered. Id.

Plaintiff was hospitalized on March 18, 2003, with complications due to Hodgkin's Lymphoma and his hospitalization was verified by B. Buchanan who notified Attorney Gay. Id. On or about the same day plaintiff entered the hospital, Attorney Gay filed motions to stay contact between plaintiff and H.B. and to sell real estate. Id. A custody hearing commenced on November 29, 2004. Id. On the second day of the hearing, plaintiff withdrew his petition for custody. Id. at viii. The presiding judge entered an order staying all contact between plaintiff and H.B., "unless she wished to have therapeutic visitation with father." Id. at viii.

There was extensive litigation regarding division of marital property. On August 24, 2004, plaintiff filed for bankruptcy to protect his home from foreclosure and an emergency sale by the Family Court. Id. Plaintiff filed an emergency motion for spousal support and an evidentiary hearing was held on September 2, 2004. Id. The presiding judge dismissed the emergency petition for support and on March 15, 2006, dismissed with prejudice plaintiff's request for alimony/support. Id. at viii-ix. On April 18, 2006, Attorney James B. Tyler, III, ("Attorney Tyler"), on behalf of B. Buchanan, filed in Bankruptcy Court a copy of the Family Court property division order for its consideration. Id. at ix. Attorney Tyler later filed a claim for attorney fees in Bankruptcy Court. Id.

On January 3, 2006, plaintiff filed a complaint in the Superior Court of the State of Delaware, Sussex County, against Attorney Gay, Mrs. Gay⁴ and Stumpf Vickers seeking "damages for breach of fiduciary duty, medical malpractice, defamation of character, derivative tort, infliction of severe emotional distress and harm, litigation conducted in malum in se, failure to observe federal bankruptcy laws, violation of civil rights, disadvantaging an opposing party by misleading a presiding judge, abuse of process, errors and omissions." Buchanan v. Gay, C.A. No. 06C-01-002 JJF, 2006 WL 2709401 (Del.Super.Ct. Sept.21, 2006). The complaint was dismissed with prejudice by memorandum opinion on September 21, 2006.⁵ Id. On May 17, 2007, the Delaware Supreme Court affirmed the decision based upon the "well-reasoned" decisions of the Superior Court. Buchanan v. Gay, No. 562, 2006, 2007 WL 1454884 (Del. May 17, 2007). (D.I.66, ex. A)

On November 27, 2006, plaintiff filed this action. In his "opening brief' he states that the "complaint comes in the wake of action in the Delaware Court of Chancery, Delaware Superior Court, Delaware Family Court, Federal Bankruptcy Court, and associated appeals in the Delaware Supreme Court, where opposing counsel, as well as counsel paid by the State of Delaware, violated [his] civil rights, violated court rules, and the intent of the Delaware Legislature in procuring an outcome favorable to justifying their legal fees, and the liquidation of [his] home and estate." (D.I.4, ix) Plaintiff proceeds pro se and seeks $600,000,000 in punitive damages against the named defendants alleging breach of fiduciary duty, medical malpractice by fiduciary, violation of HIPAA⁶, defamation of character, derivative tort, infliction of severe emotional distress and harm, litigation conducted in malum in se, failure to observe federal bankruptcy laws, disadvantaging an opposing party by misleading a presiding judge, and violation of his civil rights under the Fifth, Eighth, and Fourteenth Amendments of the United States Constitution. (D.I.2, 1-2)

Plaintiff raises claims against the Family Court pursuant to 42 U.S.C. § 1983 and § 1985 and 28 U.S.C. § 1343 alleging that it violated Article IV and plaintiffs rights under the Fifth, Eighth and Fourteenth Amendments. Id. at ¶¶ 16-12. More particularly, he alleges that during the domestic relation proceedings, the Family Court denied him due process, established a landscape of litigation favorable to opposing counsel, violated his right to family, wrongfully considered testimony from State Police officers, failed to acknowledge the financial repercussions associated with divorce, failed to enforce subpoenas, continued with divorce proceedings even though B. Buchanan did not comply with court rules, and failed to declare a mistrial or order the proceedings incomplete. He also alleges that the combined actions by the State Police, Family Court, Court Appointed Special Advocate ("CASA")⁷, counsel for CASA, and opposing counsel, "shows combined intent characteristic to conspiracy." Id. at ¶ 8. Plaintiff raises claims against the Delaware Supreme Court pursuant to 42 U.S.C. § 1983 and § 1985 alleging that it violated Delaware Supreme Court Rules in granting motions filed by CASA attorney Gibbons. Id. at ¶¶ 13-15.

Plaintiff raises claims against Gibbons pursuant to 42 U.S.C. § 1983 and § 1985, 28 U.S.C. § 1343 and HIPAA. Id. at ¶¶ 16-24. He alleges Gibbons was appointed by the Sussex Family Court to represent the best interests of the minor child H.B., that H.B. was removed from his care, and that following an evidentiary hearing on February 14, 2003, Gibbons failed to move the Family Court to return the child. He also alleges that Gibbons financially disadvantaged him by failing to take action against Attorney Gay, conspired with Attorney Gay to isolate H.B. from him, supported motions made by opposing counsel, proceeded with a petition with the "intent and landscape of a parent rights termination proceeding," failed to move for plaintiff's visitation rights or to reunify plaintiff and his child, moved to dismiss plaintiff's appeal before the Delaware Supreme Court and defended the actions of Attorney Gay, and failed to initiate "reunification" in a response to motion for continuance.

Plaintiff raises claims against the State Police pursuant to 42 U.S.C. § 1983 and § 1985, 28 U.S.C. § 1343, and 18 U.S.C. § 1512(c)(3)(C)(b)(1). Id. at ¶¶ 25-28. He alleges the State Police conspired to arrest him, arrested him without cause, State Police Officer Gray testified at Family Court custody proceedings regarding the arrest, State Police Officer Benton offered false testimony during Family Court proceedings, and two armed State Police officers prejudiced his right to a fair proceeding by their presence during property/separation proceedings.

Also named as defendants are the Georgetown Police and the Seaford Police. Summons was issued for these two defendants on January 8, 2007, but there is no indication they have been served. Plaintiff alleges that the Georgetown Police detained him knowing he was frail from cancer and it harassed him by issued parking tickets. Id. at ¶¶ 29-30. He alleges that the Seaford Police detained him, causing a delay in medical treatment, and did not provide return transportation to the hospital even though he was ill. Id. at ¶¶ 30-31.

Plaintiff raises claims against former Delaware Attorney General and current presiding Superior Court...